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Hector Hernandez & Associates, P.A. is a law firm with immigration attorneys in Miami and West Palm Beach, Florida. We represent families, workers and entrepreneurs in family petitions, green cards, citizenship, asylum, work visas and deportation defense. We serve you in English and Spanish.
Deportation defense
Permanent residence (Green Card)
Citizenship
Work visas
Immigration for families
An immigration lawyer in Miami can help you bring your family to the U.S., get permanent residence, become a citizen, apply for asylum, obtain a work or investor visa, and defend you in immigration court. A lawyer also steps in when ICE detains a relative or when you receive a Notice to Appear.
| Your situation | Process | Go to |
|---|---|---|
| I want to bring my spouse, children or parents | Family petition I-130, K-1 visa | See section |
| I want a green card | Adjustment of status or consular processing | See section |
| I am a resident and want to become a citizen | Naturalization N-400 | See section |
| I received a court date / an NTA | Deportation defense | See section |
| I am afraid to return to my country | Asylum | See section |
| I am a victim of abuse or of a crime | VAWA, U visa | See section |
| I want to work or invest in the U.S. | Work visas, E-2, EB-5 | See section |
The first step is the I-130 family petition filed with USCIS. A U.S. citizen can petition for a spouse, children, parents (if the citizen is 21 or older) and siblings. A permanent resident can only petition for a spouse and unmarried children. Immediate relatives of citizens do not wait for a visa number.
It lets the fiancé(e) of a U.S. citizen enter the U.S. and marry within 90 days; after the wedding, the green card is requested through adjustment of status.
Yes. A citizen or resident can petition for a same-sex spouse under the same rules as any other marriage.
A green card can be obtained through family, through employment (categories EB-1, EB-2 and EB-3), through investment (EB-5), or one year after being granted asylum or refugee status. If you are in the U.S. and entered legally, you can usually apply without leaving the country through adjustment of status (Form I-485).
Yes, through adjustment of status, if you meet the legal-entry requirements and have an approved or available petition.
It depends on your case: there are exceptions (such as section 245(i)) and waivers that a lawyer must evaluate.
You can live and work in the U.S. permanently, travel and return, petition for relatives, and apply for citizenship after 5 years (3 if you are married to a citizen).
To apply for citizenship (Form N-400) you must be 18 or older, have been a permanent resident for 5 years (or 3 if you are married to and live with a citizen), have been physically present in the U.S. for at least half of that time, show good moral character, and pass the English and civics tests.
The right to vote, a U.S. passport, protection from deportation, access to federal jobs, and the ability to petition for parents and siblings.
A Notice to Appear (NTA) means the government has started removal proceedings against you. Do not ignore it: if you miss the hearing, the judge can order your deportation in your absence. Talk to an immigration lawyer before your first hearing (master hearing) to review the NTA and prepare your defense.
Cancellation of removal, asylum, adjustment of status, waivers for extreme hardship to citizen or resident relatives, and motions to reopen or stay an order.
For non-residents it requires, among other things, 10 years of continuous physical presence in the U.S., good moral character, and proof that your removal would cause exceptional and extremely unusual hardship to a citizen or resident spouse, parent or child.
The right to remain silent, to a lawyer (at your own expense), to a hearing before a judge, to contact your consulate and, in some cases, to request bond.
Do you have an upcoming hearing? Call today at (305) 614-1690.
Asylum protects people who suffered or fear persecution in their country because of race, religion, nationality, political opinion or membership in a particular social group. As a general rule you must file (Form I-589) within one year of arriving in the U.S. A strong case needs a personal statement, country evidence and supporting documents.
Victims of domestic violence by a citizen or resident spouse, parent or child can seek VAWA protection without depending on the abuser. Victims of certain crimes who cooperated with authorities can apply for a U visa, which provides work authorization and, after 3 years, the chance to apply for a green card.
| Program | Who it is for | What you get |
|---|---|---|
| VAWA | Victims of abuse by a citizen or resident relative | Self-petition, work permit, path to a green card |
| U visa | Crime victims who cooperated with law enforcement | Status for up to 4 years, work permit, green card after 3 years |
To work temporarily, the employer usually files a petition with USCIS first (for example, H-1B or H-2). To invest, the main options are the E-2 visa, for citizens of treaty countries, and the EB-5, which gives a green card to those who make a qualifying investment that creates jobs.
Because we serve you in English and Spanish from start to finish, and we have offices in Miami and West Palm Beach. Since the firm also handles bankruptcy, personal injury and real estate, the same team can guide you if your case touches other areas.
Do not ignore it and do not miss the hearing: if you do not show up, the judge can order your deportation in your absence. Check the date, the assigned court and the charges on the document. Talk to an immigration lawyer before your first hearing to prepare your defense.
As a general rule, someone who entered without inspection cannot adjust status inside the U.S. There are exceptions, such as section 245(i), and waivers like the I-601A that allow consular processing with less risk. Each case depends on your history and on your citizen or resident relatives, so it needs a legal evaluation.
As a general rule, one year from your last arrival in the U.S. There are exceptions for changed or extraordinary circumstances, but they are limited. If you are close to that deadline, talk to a lawyer as soon as possible.
Locate your relative with the ICE Online Detainee Locator (locator.ice.gov) using their A-number or their name and country of birth. Ask them not to sign any documents without talking to a lawyer. A lawyer can request a bond hearing and review whether there are defenses against deportation.
Yes. The whole Hector Hernandez & Associates team serves clients in Spanish, from the first call to the hearing. We also serve clients in English. You can visit us in Miami or in West Palm Beach.
Yes. In addition to Miami (7480 SW 40th Street, Suite 450, Miami, FL 33155), we serve clients at 8461 Lake Worth Road, West Palm Beach, FL 33467 (The Nexus). Call (561) 566-6860 to schedule.
(305) 614-1690
7480 SW 40th Street
Suite 450
Miami, FL 33155
(561) 566-6860
8461 Lake Worth Road
West Palm Beach, FL 33467
(The Nexus)
The information on this page is general and is not legal advice. Every case is different.
